California, United States of America
The following excerpt is from Aniel v. Am. Home Mortg. Servicing, Inc., A141462, A142729 (Cal. App. 2017):
for at least two reasons. First, there are no allegations in the first amended complaint that challenge the underlying loan. Second, the Aniels cannot change the nature of a cause of action and then claim they have established an exception to one of its elements. The cases the Aniels cite do not support their argument. (See, e.g. Onofrio v. Rice (1997) 55 Cal.App.4th 413, 424 [if the action challenges the underlying debt, tender not required as it would be affirmation of the debt].)
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